German Court Upholds Injunction Against Everlight

Nichia and Everlight have a history of disputes over patents going back five years. In Germany, the Düsseldorf District Court found in favour of Nichia (Nichia Wins Injunction Against Everlight in Germany) in November 2016. The claim was that Everlight infringed its patent EP 936 682 (DE 697 02 929) concerning white LED phosphoric material in three white LED products. Everlight appealed and a preliminary hearing confirmed the findings (Vol 24 No 1). However, in January this year Everlight opposed the preliminary injunction, saying that it had not been allowed to express its opinion. (Everlight Loses Nichia LED Patent Appeal)

The District Court has now upheld the original findings, and the court says that no further appeal can be made, although the Federal Court of Justice can be approached. Everlight says that it has done this, filing a claim that Nichia’s patent is invalid.